Does a divorce take place if the wife goes to visit the husband's family, knowing that the husband swore by divorce that she should not go, then two minutes later, in the same sitting, he made an exception, saying, "Unless I am pleased"?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The majority of scholars hold the view that swearing by divorce results in divorce if the condition sworn upon occurs. However, some verified scholars are of the opinion that if one did not intend divorce but rather to deter or emphasize, then an expiation for an oath (kaffarat yameen) is required. The questioner mentioned that he made an exception a short while later, within the same sitting. In this case, no divorce occurs, nor is an expiation necessary, even if the exception only came to mind after being reminded of it, as stated by Sheikh Al-Islam Ibn Taymiyyah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 52062
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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